Form a Company LLP/OPC

Steps to Form a Company:

Introduction:
To register a Company in India, you need to first apply for a Director Identification Number (DIN), which can be done by filing eForm for acquiring the DIN, DIR-3. You would first need to apply and acquire your Digital Signature Certificate and thereafter you can apply to DIN. Thereafter, you need to get the Company name approved by the Ministry. Once the Company name is approved, you can register the company by filing the incorporation documents.

 Step 1: Acquire Digital Signature:

 The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the LLP(s) are required to be filed with the use of Digital Signatures by the person authorized to sign the documents.

Acquire DSC -A licensed Certifying Authority (CA) issues the digital signature. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.

Step 2: Application for DIN:

 All designated partners of the proposed LLP shall obtain “Director Identification Number (DIN)”. You need to file eForm DIR-3 in order to obtain DIN. In case you already have a DIN (Director Identification Number), the same can be used as a DPIN.

 Step 3: Name Availability Application:

 Apply for the name of the company to be registered by filing Form INC-1 for the same. After that depending upon the proposed company type file required incorporation forms listed below.

 Step 4: Filing Incorporation Documents

Form INC-7 or Form INC-2 : Form INC-7 for Application for incorporation of a company (Other than OPC) or Form INC-2 for Application for Incorporation of OPC.

Form INC-22 : Notice of situation or change of situation of registered office based on the option chosen in Form INC-7.

Form INC-22 is to be filed within 30 days from the date of Incorporation of OPC (If the registered address is different from the address given in Form INC-22) or other than OPC (if not filed earlier).

Form DIR-12: Particulars of appointment of directors and the key managerial personnel and the changes among them. This form is to be filed by OPC in case promoter is not the sole director or there are more than one director in an OPC.